Kenya
Common law
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Kenya is a common-law country that inherited English law. Its Constitution of 2010 added a strong Bill of Rights and created the Supreme Court of Kenya. Customary law and Islamic family law (through Kadhis' courts) are also recognised.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution of 2010, the highest law
- Acts of Parliament and county laws
- English common law and equity, received through Kenyan statutes and developed by Kenyan courts
- Customary law and Islamic law, in matters such as personal status, where the Constitution allows
The main courts
- The Supreme Court at the top
- The Court of Appeal, then the High Court
- Specialised courts for employment and land, plus magistrates' courts and Kadhis' courts for Muslim family law
Becoming a lawyer
A law degree, then the Advocates Training Programme at the Kenya School of Law, and admission as an advocate by the High Court.
What may surprise you
- Kenya's Bill of Rights can apply to relations between private persons, not only against the government.
- Special courts exist for employment and land disputes.
- Kadhis' courts apply Islamic law to Muslims in family and inheritance matters if the parties agree.
- Kenya's counties (devolved governments) can make laws on matters assigned to them by the Constitution.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Kenya as: Common law, Customary, Muslim. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Kenya, consult a lawyer qualified there. Report a mistake.

